Anyone who has violated their state’s DUI laws and been arrested for a generic DUI is in for a difficult road involving court dates, DUI attorneys, and possible DUI penalties. Certain factors surrounding a DUI arrest can result in stiffer penalties for the offender. These factors can cause the charge to be upgraded or even carry mandatory jail sentences even if it is a first DUI offense.

The factors and prospective DUI punishments may vary by state so it is vital that you consult with an experienced DUI attorney in your state. The following are several examples of circumstances that could lead to an aggravated DUI charge.

Exceptionally High Blood Alcohol Concentration

All states have the legal limit for blood alcohol concentration (BAC) set at .08%. A person is arrested and charged with DUI when they are driving a vehicle with a BAC over this legal limit. Where many states differ is the amount that is considered “extremely high” or enough to move the crime to an aggravated DUI status.

Many states say that two or more times the legal limit is extremely high. Minnesota, for example, designates .20 BAC to be an aggravating factor. “Extreme DUI” is another term used by some states to define an aggravated DUI charge.

DUI while Speeding

A person charged with a DUI could also be ticketed for speeding if he was exceeding the speed limit prior to being pulled over. However, if his speed is judged to be excessive, he could increase the severity of his DWI charge.

For example, if a person was going 55 in a 30 mph area, he could face a much harsher sentence than if he was only traveling ten miles over the speed limit. In the state of Kentucky, a person driving thirty miles over the speed limit while impaired will receive an aggravated DUI charge.

DUI with Minors Present

Many states take the presence of minors in a vehicle at the time of a DUI arrest very seriously. This situation can bump up a generic DUI to an aggravated DUI charge. Different states have different ages of children that, if present, will trigger the upgraded charge. In North Carolina, a problem arises if the minor is under the age of 16. In Kentucky they are a little more lenient; the minor must be under the age of 12.

Furthermore, in some states, all it takes is for children to be nearby. For example, New Jersey allows for aggravated charges to be filed if the DUI offense happened in a school zone.

Driving on a Suspended License

Aggravated charges could also arise when a driver arrested for DUI is also found to be without a legal license. The punishment is more severe because the courts see this as someone deliberately disregarding the law by knowingly operating a vehicle without the legal right to do so.

Habitual DUI Offenders

The purpose of laws and courts is to steer the public away from wrongdoing by punishing crime and attempting to rehabilitate offenders. People who receive multiple DUI convictions display a disregard for the law and the public. As a result, these DUI repeat offenders are almost always given harsher DUI sentences.

States have different statutes for punishing habitual DUI offenders, so be sure to consult with a qualified DUI attorney within your own state to know your rights in relation to DUI laws.

Hiring a DUI lawyer

If you are facing a DUI charge or charges with aggravating circumstances, it is always best to consult with an experienced DUI attorney. These cases usually involve harsher DUI penalties, but with the help of a DUI attorney, it could be possible to mitigate or avoid them altogether.

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In February of 2011, Michael J. Vargo was arrested for DUI in Florida while he was sitting in his truck eating a salad and drinking an Icehouse beer. Vargo admitted at his DUI trial that he had been too drunk to drive and after he was ordered out of his truck by police, he had to lean on it for support to stay upright.

While states differ when it comes to DUI laws, many agree that prosecutors only have to prove that someone had “physical control of the car” or the ability to drive the automobile to or from that location. It would seem that Vargo’s DUI was an open and shut case, but the police missed one important detail: the truck was inoperable.

At the DUI trial, Vargo and another witness said that the truck had been stuck in the parking lot for twelve hours since the starter gave out. Just after 1 a.m. a deputy saw keys sitting on Vargo’s lap, smelled alcohol in the vehicle and saw food on the floor and around Vargo.

Vargo refused all sobriety tests and would not take an alcohol breath test. The deputy did not, however, try to start the truck or feel the hood to see if it was warm and had recently been driven. Without that evidence the state could not disprove Vargo’s assertion that the truck was inoperable at the time. Vargo’s DUI attorney stated, “It is not against the law to sit in an inoperable car to eat a salad drunk.” It took the jury only five minutes to acquit Michael Vargo.

Physical Control

As previously stated, the Vargo case occurred in Florida. State laws regarding a DUI vary, but they generally agree that you can be charged with a DUI if you are observed having physical control of the vehicle. The term up for debate is “physical control.” In some states, simply having the keys in the ignition constitutes control. In other states, you need to be only sitting in the driver’s seat. In one case, “physical control” was stretched to include the possibility of a vehicle being available to an intoxicated person. It was decided that the vehicle could become a “source of danger.” In these cases, case law can be important.

Mixed Message?

The problem with this strict interpretation of the law concerning a DUI offense is the message it sends intoxicated patrons leaving the bar at closing time. Do you sit in your car and wait for the police to arrest you for DUI, or do you risk driving home hoping you can make it without getting caught?

It seems like we are punishing people for making the morally responsible decision to not endanger the lives of others. In 2010, a New Mexico Supreme Court decision overturned a DUI conviction without driving because they believe it discourages the public from sleeping off a night of drinking in their automobiles.

If you have been charged with DUI without driving, these cases present more than enough data for a DUI attorney to contest the legitimacy of the DUI arrest. By conferring with an experienced DUI attorney, you can become aware of your legal rights under your state DUI laws and hopefully mount a legitimate DUI defense to contest the DUI charges.

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Drivers who have been arrested for DUI who refused to take a Breathalyzer test may wonder if this helps or hurts their DUI case. Unfortunately, if you have been arrested for a DUI a Breathalyzer test may not be required by law to prove impairment, although the Breathalyzer (if it registers an illegal BAC) does help the prosecution’s case.

There are many actions and driving behaviors which may provide evidence of DUI including bad driving, odor of alcohol on the driver’s breath, poor dexterity, loss of coordination, inability to follow directions, Slurred speech, falling asleep while driving, admission of intoxication, and an inability to pass a field sobriety test.

It is illegal in every state to operate a motorized vehicle with a BAC or blood alcohol concentration of 0.08% or higher. If your BAC meets this presumed level of intoxication the police officer has probable cause to make a DUI arrest. Depending on the evidence from the DUI stop, however, (which can include a field sobriety test and all other indicators listed above), the prosecution may have enough DUI evidence to prove your driving was impaired by alcohol.

Drivers who refuse to take a Breathalyzer test may also face severe DUI penalties. All states now have instituted Implied Consent Laws which means that you have given your “implied consent” to submit to a chemical test if you are arrested for a DUI. If you refused the chemical test, depending on the state, you may face an automatic suspension or revocation of your driver’s license. This Administrative driver’s license suspension would be in additional to criminal DUI charges.

Hiring a DUI Lawyer

For more information about your DUI case, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201 for additional DUI information.

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Jalen Rose, former NBA player, has been sentenced to 20 days in prison for driving under the influence of alcohol.

Police report that Rose was arrested in Oakland County on March11, 2011. He had a blood alcohol concentration level of 0.12% when he had an accident, rolling his SUV. There were no injuries. Rose pleaded guilty in a Bloomfield Hills, Michigan court on May 25th.

DUI Laws

It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. States use different terms such as DUI (driving under the influence), DWI (driving while intoxicated), DWUI (driving while under the influence) or DUID (driving under the influence of drugs), but regardless of the term, it basically means the same thing.

If you are operating a motorized vehicle while you are impaired by alcohol or drugs you could face severe penalties including: fines, imprisonment, high insurance rates, parole, community service, and forced alcohol education.

Hiring a DUI Lawyer

If you have been charged with DUI, contact a DUI lawyer immediately. States have implemented DUI laws which are very severe. Even first time offenders may face severe DUI penalties.

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CNN reports, Rodney King, who was beaten in 1991 by Los Angeles police officers after a traffic stop, has been arrested on suspicion of driving under the influence of alcohol, according to Los Angeles police.

King was stopped in the Moreno Valley, in Southern California’s Riverside County, while driving his 1994 Mitsubishi. Police reports indicate they saw him commit “several traffic violations”. King, who has admitted he has battled with a long-term drinking problem was arrested and booked on DUI charges after further evaluations by the Los Angeles police.

“A preliminary evaluation of the driver indicated he was possibly driving while impaired. The subject was transported to the Moreno Valley Police Department for a further evaluation,” police said.

King is no stranger to the spotlight. He suffered skull fractures, brain and kidney damage after his 1992 beating, an incident which was caught on tape by a pedestrian. The four officers involved in the incident were later indicted but the beating ultimately lead to the 1992 Los Angeles riots after the acquittals and mistrials for the defendants.

The Los Angeles riots occurred mainly in the African American areas of the city, killing over 55 people and injuring 2,000. Estimates of property damage were over $1 billion. King was able to file civil charges against the officers and won over $3.8 million from the city in his civil suit.

King also has a history of criminal charges including a robbery and hit and run accident with his wife. In 2004 he pleaded guilty to driving under the influence and reckless driving and last March he was charged with driving without a license in California.

Hiring a DUI Lawyer

It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. Drivers who are arrested for DUI or driving under the influence of alcohol may be charged for DUI and may face severe DUI penalties including: high fines and penalties, increased insurance cost, mandatory alcohol and drug rehabilitation courses, mandatory installation of an ignition interlock device, probation or jail time.

Many states also have more aggressive DUI penalties for drivers who are arrested with a minor in the car, while committing additional crimes or if their BAC is considered high.

What should you do if you are arrested for DUI? The same thing Rodney King will probably do. Hire a DUI lawyer and fight the charges. A DUI conviction can be devastating personally, professionally and socially.

Contact a DUI lawyer immediately if you are facing a DUI charge. DUI attorneys understand the various state laws and can make sure you get a good DUI defense. Do not try to fight your DUI charges without good legal help from a DUI lawyer.

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According to the Associated Press, Hines Ward, a wide receiver for the Pittsburgh Steelers, failed a field sobriety test during a routine traffic stop in Atlanta, Georgia. He has been charged with DUI or driving under the influence of alcohol, according to Atlanta police.

Ward has been a four-time Pro Bowl selection after his 1998 third round draft out of Georgia. He has played on teams that won two Super Bowls. Most recently, in May of this year, he became the second professional football player to win “Dancing with the Stars” with his professional dancing partner Kym Johnson. Emmitt Smith also won these honors in 2006. He beat out other “Dancing with the Stars” favorites, including Kirstie Alley and Chelsea Kane to become the season 12 champion of the TV celebrity dance competition.

The DUI traffic stop occurred just before 2:30 a.m. Saturday morning after a transit police officer noticed Ward had left his lane in his Aston Martin, hitting the curb. According to police reports, the DeKalb county police officer noticed a strong smell of alcohol at the time of the DUI arrest. According to Ward, he had consumed two bottles of Corona beer at an Atlanta establishment three hours prior to the arrest.

Hines Ward who is the former Super Bowl MVP and reigning ”Dancing With the Stars” champ smelled strongly of alcohol when the officer asked him to exit his car and submit to a field sobriety test. The officer also performed a hand-held breathalyzer test that registered positive for alcohol.

Ward, who submitted to the hand-held test at the time of the DUI arrest, refused another breath sample on a state-administered machine at the DeKalb County jail. This type of machine is more frequently used as evidence in court after a DUI arrest.

The officer report states that Ward was agitated at the time of the arrest and during the field sobriety test. He also swayed back and forth, could not recite the alphabet and had difficulty maintaining his balance. Ward was arrested after the DUI stop and booked in DeKalb County jail and was later released on bond.

Ward’s attorney, Atlanta lawyer Andrew Ree, released a statement on Saturday claiming Ward was not driving under the influence of alcohol and cooperated fully with the Atlanta police.

Ward will appear in the DeKalb County State Court on October 6, 2011. DUI penalties for his arrest could result in year in jail and a $1,000 fine. Video from the DeKalb officer’s vehicle, which captured the traffic stop, may be used as evidence.

Hiring a DUI Lawyer

DUI or driving under the influence of alcohol or drugs is a serious driving offense. It is illegal in every state to drive with a BAC or blood alcohol concentration of 0.08% or higher. DUI penalties have been increased in recent years due to increased pressure by lobbying groups such as MADD (Mothers against Drunken Driving).

If you have been arrested for DUI you may face severe DUI consequences which can include: drug or alcohol education classes, DUI penalties or fines, increased insurance costs, mandatory installation of an ignition interlock device, jail time or probation.

If you have been arrested for DUI, do not attempt to fight the DUI charges alone. Let a DUI attorney review your DUI claim and help you. DUI arrests and convictions may have long-term consequences which can impact your professional, social and personal life.

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Daniel Radcliffe, best known for his decade-long run as Harry Potter, has revealed details about his personal life in an interview with GQ UK. Daniel admits that he has had to rely on alcohol to deal with his fame, especially while filming “Harry Potter and the Half-Blood Prince”.

According to Radcliffe, “There were a few years there when I was just so enamored with the idea of living some sort of famous person’s lifestyle that really isn’t suited to me.”

Whiskey was his alcohol of choice on the 2009 film set, although the paparazzi were not able to capture his drinking or make it public in the press. “I really got away with that,” he says, “because there were so many instances when a paparazzi shot like that could have been taken.”

Radcliffe admits that his drinking did get out of control and he needed to make a life change. According to Radcliffe, he was able to stop drinking last August.

“As much as I would love to be a person that goes to parties and has a couple of drinks and has a nice time, that doesn’t work for me. I do that very unsuccessfully. I’d just rather sit at home and read, or talk to somebody that makes me laugh. There’s no shame in enjoying the quiet life. And that’s been the realization of the past few years for me,” Radcliffe admits.

Radcliffe can be seen in the next installment of the Harry Potter series “Harry Potter and the Deathly Hallows: Part 2″ this summer.

Drinking is a serious problem which can cause series legal issues, especially if you drink and drive. Although it sounds like Daniel Radcliffe was able to stop drinking before anything illegal occurred, many drinkers are not so lucky. Thousands of drivers are arrested each year for driving under the influence of alcohol or drugs, killing hundreds of other drivers or passengers each year.

Hiring a DUI lawyer

Some drivers may not realize it is illegal in every state to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. Drivers who are arrested for DUI or driving under the influence of alcohol may be charged for DUI and may face severe DUI penalties including: high fines and penalties, increased insurance cost, mandatory alcohol and drug rehabilitation courses, mandatory installation of an ignition interlock device, probation or jail time.

Many states also have more aggressive DUI penalties for drivers who are arrested with a minor in the car, while committing additional crimes or if their BAC is considered high.

What should you do if you are arrested for DUI? Contact a DUI lawyer immediately. DUI attorneys understand the various state laws and can make sure you get a good DUI defense. Do not try to fight your DUI charges without good legal help from a DUI lawyer.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

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